Babita Kumari @ Kumari Babita vs The State Of Bihar & Ors on 9 September, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.5843 of 2010
              1. Babita Kumari @ Kumari Babita Sinha W/O Ranjit
              Kumar R/O Vill.- Bhagwanpur, P.S.- Katrisarai, Dostt.-
              Nalanda

                                   Versus
              1. The State Of Bihar
              2. The Collector, Nalanda
              3. The District Welfare Officer, Nalanda
              4. The C.D.P.O., Nalanda
              5. The Mukhiya, Katri Panchayat Block Katrisarai, Distt.-
              Nalanda
              6. The Panchayat Secretary, Katri Panchayat Block
              Katrisarai, Distt.- Nalanda

                             ----------------------------------

3. 09.09.2011 Heard learned counsel for the petitioner and the

State.

The claim in this writ application to be considered

for appointment as the second empanelled candidate after

resignation of the first appointed candidate stands fully

covered by the decision of the Supreme Court in (2009)4

SCC 555 (Mohd. Sohrab Khan v. Aligarh Muslim University)

that the vacancy stood exhausted on the appointment of the

first empanelled candidate and her resignation created a

fresh vacancy but does not revive the exhausted vacancy.

It is not possible to give relief to the petitioner of

the nature claimed.

Needless to state that her case is required to be

considered on its own merits in any fresh selection.

The writ application stands disposed.

P. Kumar                                            ( Navin Sinha, J.)